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MATTER OF RIVERA v. NEW YORK CITY DEPT. OF SANITATION

1595N, 155455/13.

142 A.D.3d 463 (2016)

36 N.Y.S.3d 464

In the Matter of CARLOS RIVERA, Respondent, v. NEW YORK CITY DEPARTMENT OF SANITATION et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided August 18, 2016.

CPLR 5015 (a) (1) requires a movant seeking to vacate a default to move within one year of entry of the default and to show a reasonable excuse for the default as well as a meritorious defense (see Youni Gems Corp. v Bassco Creations Inc., 70 A.D.3d 454, 455 [1st Dept 2010], lv dismissed 15 N.Y.3d 863 [2010]). Respondents timely moved to vacate the default. It should be noted that petitioner...

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